9.1-13 Larceny by Defrauding a
Public Community -- § 53a-119 (6) (C) and §§ 53a-122
through 53a-123

Revised to December 1, 2007

Note: The degree of the larceny is
determined by the value of the property stolen. See § 53a-122 (first degree:
exceeds $2,000) and § 53a-123 (second degree: does not exceed $2,000).

The defendant is charged [in count __]
with larceny by defrauding a public community in the (first / second) degree.
The statute defining this offense reads in pertinent part as follows:

a person is guilty of defrauding a
public community who, as an officer or agent of any public community, with
intent to prejudice it, appropriates its property to the use of any person or
draws any order upon its treasury or presents or aids in procuring or allowing1
any fraudulent claim against such community.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Officer or agentThe first element is that the
defendant was an (officer / agent) of a public community. A "public community"
means a governmental entity as distinguished from a private one. A city, town,
or the state or federal government, or any agency or subdivision of these
governmental bodies, would constitute "a public community" under the statute.
In this case the alleged public community is <insert name of public community>.

<Insert appropriate definition:>

An "agent" is one who acts in place of another who has given (him/her) such
authority. The word includes anyone employed to assist a town in the
performance of any of its public duties. A state employee is
considered an agent.

An "officer" of a public community is a person holding an office that has
its source in the sovereign authority speaking through the constitution or legislation and who by
virtue of (his/her) incumbency becomes invested with some portion of the
sovereign power which (he/she) is to exercise for the benefit of the public.2

<Describe the alleged status of the
defendant as an agent or officer.>

Element 2 - Obtained property3The second element is that the
defendant <insert as appropriate:>

appropriated the
property of the public community to the use of any person. To "appropriate"
means either to exercise control over the property, or to aid a third person to
exercise control over it, permanently, or for so long a period or under such
circumstances as to acquire the major portion of its economic value or benefit,
or to dispose of the property for the benefit of oneself or a third person.

drew an order upon
its treasury. To "draw an order" means to write a check.

(presented / aided
in procuring / allowed) any fraudulent claim against the public community. A
fraudulent claim is one that is false and made for the purpose of deceiving. If
the defendant, knowing the claim was fraudulent, made the false statements
claimed, and if these statements helped in bringing about the payment of the
claim, then the defendant would have thus aided in the procurement of a
fraudulent claim.

Element 3 - IntentThe third element is that the
defendant specifically intended to prejudice the community.4
In other words, (he/she) must have intended that the community be harmed or
suffer some loss in the transaction. Poor judgment in carrying out (his/her)
duties is not enough. The state must prove that at the time of (his/her)
actions, (he/she) fully realized that what (he/she) was doing was harmful or
detrimental to the community.

Element 4 - Value of propertyThe fourth element is that the value
of the claim <insert as appropriate:>

First degree:
exceeded $2,000.Second degree:
was less than $2,000.

<See
Larceny, Instruction 9.1-1, for a full explanation of this element.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that the defendant 1) was an (officer / agent) of a
public community, 2) (he/she) <insert specific allegations of fraudulent act>,
3) (he/she) intended to prejudice the public community, and 4) the value of the
(property / order / claim) (exceeded / did not exceed) $2,000.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
larceny by defrauding a public community, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.
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1
The last part of this statute in the book of General Statutes printed by the
Legislative Commissioner's Office reads "aids in procuring to be allowed any
fraudulent claim." It probably should read as paraphrased here. The court may
want to discuss this with the attorneys.